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Pharmacists want changes to medical cannbis legislation

4 min read

NASSAU, Bahamas, Jul 15, CMC – The Bahamas Pharmaceutical Association (BPA) is calling on the authorities to ensure that legislation and accompanying regulations reflect that only qualified pharmacists be permitted to dispense medical cannabis.

The move by the BPA comes as legislators are to debate the Cannabis Bill 2024 and related measures later this week.

The BPA says there is no reason to specify that a business that dispenses medical cannabis would be termed “a cannabis dispensary”, as it should simply be a “pharmacy” and operate under the normal conditions and regulations that already govern the practice, inclusive of those related to controlled drugs.

“If that pharmacy chose to solely provide medical cannabis and related items, that would be their business decision, and would not eliminate the business from being categorized as a ‘pharmacy.

“Retail pharmacies today can choose which items they will or will not stock, and also know that they must comply to any special conditions related to specific prescription items they have chosen to supply,” the BPA said in its statement.

It notes that the use of cannabis to treat various diseases is still an emerging science and that it is critical for best patient outcomes that physicians and pharmacists be adequately trained in the management of cannabis as a medicine.

“These are the major areas from which patients will be drawn from, and it is critical to ensure that physicians and pharmacists receive this training, as it would have not been made available to them in medical or pharmacy school.

“Of critical note, the training parameter of ‘advanced mental health’ is important, particularly so that healthcare providers are able to recognize the signs of substance abuse if it occurs in these patients,” the BPA said, taking exception to the proposed legislation providing for lesser qualified personnel in the pharmaceutical industry to take on the same responsibilities as qualified pharmacists.

In the bill, “pharmacist” in relation to a pharmacy, includes a pharmacy intern or a pharmacy technician who assists and works under the supervision of a pharmacist and who is registered and licensed under the Pharmacy Act.

But the BPA rejects this proposed section, that seeks to create a parallel between duly qualified and licensed pharmacists, with less-qualified personnel (pharmacy technicians, pharmacy interns and cannabis dispensers), all of whom are not pharmacists.

“The bill seeks to classify medical cannabis as a psychotropic substance, being listed as a controlled drug under List B.  Psychotropic substances are those that produce mind-altering effects, and can also have a high potential for addiction and abuse.

“This would add medical cannabis to the same list as very serious medications, that under every major jurisdiction in the United Nations cannot be dispensed by any person other than a qualified pharmacist, “ the BPA said, adding “it is the exact process now used by The Bahamas under our Dangerous Drugs Act, and which every healthcare facility and pharmacy now must comply.

“The dispensing of controlled medications is one of the highest functions that a pharmacist can perform, and pharmacy technicians are not even allowed to assist in this function. This proposed change would go against every legal and regulatory precedent of registered and licensed professionals in The Bahamas, and throughout the Western Hemisphere.

“In review of other regulatory systems for similar professions, you cannot find any reasonable parallel where a medical student (the equivalent of the pharmacy intern) is allowed to practice in one of the highest functions of a qualified physician.

“Likewise, the legal profession would never allow a paralegal to argue a case before the Supreme Court. What this proposed section seeks to do is exactly this type of dangerous and impractical change for the pharmacy profession”.

The BPA said that pharmacists have a complex set of duties and assessments to complete before the dispensing of any medication, and this only is increased when that product is a controlled drug, especially one with psychotropic effects.

“Particularly, an assessment of the patient’s disease state and other medications (both prescription and non-prescription) must be fully completed before a pharmacist should dispense a controlled drug.

“’This could never be legally and practically completed by any of the lesser qualified persons listed in the section, especially the cannabis dispenser that is not a qualified pharmacist,” said the BPA, strongly recommending as a matter of public safety and legal liability, deleting this section its entirety, and any other related sections that result from this proposed section also be eliminated.

The BPA said the language of the bill should maintain and mandate that only registered and licensed pharmacists within this jurisdiction should be authorized to dispense medical cannabis.

The BPA said also that dealing with the regulation, manufacturing and retailing of what the cannabis industry calls “edibles” seems to be inexplicably absent from the draft legislation.

“Persons consume cannabis via this form, and it is a glaring omission from this compendium of proposed bills,” the BPA said.

CMC/ag/ir/2024